Mo. Code Regs. tit. 3 § 10-5.205
Current through Register Vol. 49, No. 9, May 1, 2024
Section 3 CSR 10-5.205 - Permits Required: ExceptionsPURPOSE: This amendment allows persons fifteen (15) years of age or younger to take fish without permit using all methods authorized by Chapter 6 of the Wildlife Code and removes a reference to cable restraint device requirements from subsection (1)(I) of this rule that is no longer applicable.
(1) Any person who chases, pursues, takes, transports, ships, buys, sells, possesses, or uses wildlife in any manner must first obtain the prescribed hunting, fishing, trapping, or other permit, or be exempted under 3 CSR 10-9.110, with the following exceptions: (A) A resident landowner as defined in this Code, may hunt, trap, or fish as prescribed in Chapters 6, 7, and 8 without permit (except black bear and elk hunting permits and landowner deer, and turkey hunting permits, Migratory Bird Hunting Permit, and Conservation Order Permit as prescribed), but only on land s/he owns and may transport and possess wildlife so taken;(B) Any resident of Missouri sixty-five (65) years of age or older may take fish, live bait, clams, mussels, turtles, and frogs as provided in Chapter 6 without permit (except trout permit or daily tag in areas where pre-scribed); provided, while fishing, s/he carries a valid Missouri driver license, notarized affidavit, or similar official document proving his/her eligibility based on residency and age, and shall submit documentation for inspection by any agent of the department on request; (C) Any resident of Missouri sixty-five (65) years of age or older may take wildlife as provided in Chapter 7 without permit (except all black bear, deer, elk, and turkey hunting permits, Migratory Bird Hunting Permit, and Conservation Order Permit as prescribed); provided, while hunting, s/he carries a valid Missouri driver license, notarized affidavit, or similar official document proving his/her eligibility based on residency and age, and shall submit documentation for inspection by any agent of the department on request;(D) Any person fifteen (15) years of age or younger may take fish, live bait, clams, mussels, turtles, and frogs as provided in Chapter 6 without permit (except trout permit or daily tag in areas where prescribed);(E) Any person fifteen (15) years of age or younger may take wildlife (except black bears, deer, elk, and turkeys) as provided in Chapter 7 without permit provided, s/he has in his/her possession a valid hunter education certificate card or s/he is in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. Persons under eleven (11) years of age may not purchase firearms deer and turkey hunting permits except as provided in subsection (1)(F) of this rule (see 3 CSR 10-5.215(4) );(F) Any person at least six (6) but not older than fifteen (15) years of age may purchase deer and turkey hunting permits without display of a hunter education certificate card. Except as provided in subsection (1)(G) of this rule, such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967;(G) During the youth portions of the firearms deer hunting season and the youth spring turkey hunting season, youth hunters purchasing permits as provided in subsection (1)(F) must hunt in the immediate presence of an adult who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. Any adult meeting these requirements may accompany youth deer or turkey hunters as prescribed in this subsection without a permit;(H) Any person at least eleven (11) but not older than fifteen (15) years of age with a hunter education certificate card and a valid black bear or elk hunting permit may hunt in the immediate presence of an adult who is eighteen (18) years of age or older and has in his/her possession a valid hunter education certificate card or was born before January 1, 1967. Any adult meeting these requirements may accompany youth black bear or elk hunters as prescribed in this subsection without a permit;(I) Any resident of Missouri fifteen (15) years of age or younger may take wildlife as provided in Chapter 8 without permit;(J) Any person born on or after January 1, 1967, and at least sixteen (16) years of age and who does not possess a valid hunter education certificate card may purchase an Apprentice Hunter Authorization for no more than two (2) permit years (March 1 through the last day of February). The Apprentice Hunter Authorization allows the holder to purchase any firearms hunting permit (except black bear and elk hunting permits) as provided in this chapter without display of a hunter education certificate card. Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967;(K) Any resident of Missouri with a developmental disability as defined in section 630.005, RSMo, born on or after January 1, 1967, and at least sixteen (16) years of age and who has taken the Hunter Education Certification Course may purchase any firearms hunting permit as provided in this chapter without display of a valid hunter education certificate card, provided s/he carries a physician's statement provided by the department and signed by a licensed physician qualified to evaluate and treat the condition described and certifies the person has this disability. Such person must hunt in the immediate presence of a properly licensed adult hunter who is eighteen (18) years of age or older and who has in his/her possession a valid hunter education certificate card or was born before January 1, 1967, except any adult meeting these requirements may accompany without a permit such person with a developmental disability who is hunting on a valid black bear or elk hunting permit during the prescribed black bear or elk hunting seasons. Printed copies of the physician's statement form can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org;(L) Any hospital patient may fish without permit on the grounds of the hospital where under treatment;(M) The director may issue special fishing permits for specified dates without cost to supervised groups involved in rehabilitation programs or groups of hospital patients or persons with disabilities under therapy;(N) The director may issue special fishing permits authorizing persons assigned as trainees to a training or rehabilitation unit performing organized conservation or agricultural work under governmental supervision on federal, state, county, or municipal lands to take fish by gig and pole and line methods and to take frogs by fishing methods on the public lands where such conservation or agricultural work is being performed, under regulations applicable to the area. Any person while exercising such privileges shall carry identification, issued by the training agency, showing current assignment to the training or rehabilitation unit;(O) For educational purposes, the director may waive fishing permit or tag requirements for specified periods at specified sites and may authorize fishing in restricted waters;(P) Any resident of Missouri having a visual acuity not exceeding twenty/two hundred (20/200) in the better eye with maximum correction, or having twenty degrees (20°) or less field of visual concentric contraction, and any resident who is so severely and permanently disabled as to be unable to move freely without the aid of a wheelchair, may take fish, live bait, clams, mussels, turtles, and frogs as provided in Chapter 6 without permit (except trout permit or daily tag in areas where prescribed); provided, while fishing, s/he carries a certified statement of eligibility from a licensed ophthalmologist or optometrist or from a licensed physician;(Q) Any resident of Missouri with cerebral palsy or mental disorder or a mental illness as defined in section 630.005, RSMo, and who is so severely disabled that s/he cannot fish alone, may take fish, live bait, clams, mussels, turtles, and frogs as provided in Chapter 6 without permit (except trout permit or daily tag in areas where prescribed); provided, while fishing, s/he is accompanied by a licensed adult fisherman and possesses a certified statement of eligibility from a licensed physician qualified to evaluate and treat the developmentally disabled;(R) Any honorably discharged military veteran having a service-related disability of sixty percent (60%) or greater, or who was a prisoner of war during military service, or any member of the U.S. military currently assigned as a patient to a Warrior Transition Brigade, Warrior Transition Unit, or a military medical center, may take fish, live bait, clams, mussels, turtles, and frogs as provided in Chapter 6 without permit (except trout permit or daily tag in areas where prescribed), and may take wildlife as provided in Chapter 7 without permit (except black bear, deer, elk, and turkey hunting permits, Migratory Bird Hunting Permit, and Conservation Order Permit as prescribed); provided, while hunting or fishing, s/he carries a certified statement of eligibility from the U.S. Department of Veterans Affairs, or orders showing assignment to a Warrior Transition Unit or admissions verification to a military medical center;(S) Any Missouri resident who is the owner of land that wholly encloses a body of water, or any member of his/her immediate household, may fish without permit in those waters. In the case of corporate ownership, this privilege shall apply to those corporate owners whose domicile is on such corporate-owned land;(T) Any person may fish without permit, trout permit, and prescribed area daily tag during free fishing days. Free fishing days are the Saturday and Sunday following the first Monday in June; and(U) A customer or guest of a licensed trout fishing area may fish for trout without permit (see 3 CSR 10-9.645 ). AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. and section 252.240, RSMo 2000.* Original rule filed July 22, 1974, effective Dec. 31, 1974. Amended: Filed July 13, 1976, effective Oct. 11 , 1976. Emergency amendment filed Dec. 3, 1976, effective Jan. 1, 1977, expired April 30, 1977. Amended: Filed Dec. 3, 1976, effective March 11 , 1977. Amended: Filed Aug. 10, 1977, effective Jan. 1, 1978. Amended: Filed Jan. 16, 1978, effective April 13, 1978. Amended: Filed April 20, 1978, effective Aug. 15, 1978. Amended: Filed March 21, 1979, effective July 12, 1979. Amended: Filed July 30, 1979, effective Jan. 1, 1980. Emergency amendment filed Dec. 19, 1979, effective Jan. 1, 1980, expired April 11 , 1980. Amended: Filed Jan. 14, 1980, effective April 11 , 1980. Amended: Filed Aug. 1, 1980, effective Jan. 1, 1981. Amended: Filed Nov. 29, 1982, effective March 11 , 1983. Amended: Filed June 24, 1983, effective Oct. 14, 1983. Amended: Filed Aug. 1, 1983, effective Jan. 1, 1984. Amended: Filed Feb. 24, 1984, effective June 11 , 1984. Amended: Filed Aug. 6, 1985, effective Jan. 1, 1986. Amended: Filed Nov. 5, 1986, effective Feb. 1, 1987. Amended: Filed July 30, 1987, effective Jan. 1, 1988. Amended: Filed Aug. 9, 1988, effective Jan. 1, 1989. Amended: Filed Aug. 8, 1989, effective Jan. 1, 1990. Amended: Filed May 10, 1991, effective Jan. 1, 1992. Amended: Filed April 28, 1992, effective Jan. 15, 1993. Amended: Filed April 21, 1993, effective Jan. 1, 1994. Amended: Filed June 20, 1995, effective Jan. 1, 1996. Amended: Filed April 25, 1996, effective March 1, 1997. Amended: Filed June 11 , 1997, effective March 1, 1998. Amended: Filed May 6, 1998, effective March 1, 1999. Amended: Filed June 11 , 1998, effective March 1, 1999. Amended: Filed May 10, 1999, effective March 1, 2000. Amended: Filed Aug. 11 , 1999, effective March 1, 2000. Amended: Filed April 24, 2000, effective March 1, 2001. Amended: Filed July 6, 2000, effective March 1, 2001. Amended: Filed April 30, 2001, effective March 1, 2002. Amended: Filed May 9, 2002, effective March 1, 2003. Amended: Filed Oct. 9, 2003, effective March 30, 2004. Amended: Filed April 29, 2004, effective Sept. 30, 2004. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed June 8, 2005, effective Nov. 30, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Sept. 27, 2007, effective Feb. 29, 2008. Amended: Filed March 21, 2008, effective Aug. 30, 2008. Amended: Filed Oct. 10, 2008, effective July 1, 2009. Amended: Filed March 23, 2009, effective March 1, 2010. Amended: Filed March 7, 2011 , effective July 30, 2011 . Amended: Filed Sept. 12, 2011 , effective March 1, 2012. Amended: Filed Sept. 19, 2012, effective March 1, 2013. Amended by Missouri Register June 15, 2015/Volume 40, Number 12, effective 7/31/2015Amended by Missouri Register January 15, 2016/Volume 41, Number 02, effective 3/1/2016Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 3/1/2019Amended by Missouri Register November 15, 2019/Volume 44, Number 22, effective 12/31/2019Amended by Missouri Register January 15, 2021/Volume 46, Number 2, effective 2/28/2021Amended by Missouri Register January 18, 2021/Volume 47, Number 2, effective 2/28/2022*Original authority: 252.240, RSMo 1972, amended 1984.